Thanks Andy I appreciate all your help I'll elaborate on point 2 giving more details and then submit the defence, need to do it this evening as I'm away. Once again thank you, I'll keep the pits updated with progress

HI All, How does the following look for submission as my defence? 1. It is accepted that I did approach the Claimant with a view to borrowing a short term loan. It was my understanding that this amount was due to be repaid 30 days later, including 30 days interest. 2. It is accepted that repayment was to be made 30 days later,unfortunately due to a change in financial circumstances this was not possible. 3. It is denied that I have failed to meet the repayment terms and conditions. It is denied that the claimant has made many attempts to resolve this, I have written to the claimant many times regarding this matter, offering and asking for a repayment plan,all letters have been ignored. The claimant has also ignored a lawful request for a copy of the agreement, this request was sent on 11th September 2013 and signed for by the claimant on 12th September 2013. The Claimant has ignored his obligations under the CCA 1974. 4. It is denied that I am in debt to the value claimed and the claimant is put to strict proof to:- (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for. © show how the breach occurred and how they attempted any resolution. 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Excellent thanks Andy I will amend as appropriate.

Thanks Andy, any thoughts on my proposed defence?

Thank you, done today

Hi all Defence needs to go in in a few days starting to get nervous, if any one could offer some guidance on the proposed defence I'd be very grateful

Hi thanks for the reply, one months interest is based on the fact that it was a 30 day agreement. Though because I don't have a copy of the agreement I'm not sure exactly what is contractually payable. Is it best not to make that statement?

Hi, Can any one offer some advice or opinions on the above please, panicking a little now!! Thanks

HI All, I have started preparing my defence, I'm not sure if it should be in any particular order but all help comments and suggestions appreciated. Defendant claims that this claim is unlawful and vexatious. The Claimant has failed to comply with a lawful request for a true copy of the agreement. This request was made and sent on 11th September 2013 via Royal Mail Signed For post. The Claimant signed for receipt on 12th September 2013, to date no response has been received. Section 78 (6) of the CCA 1974 States: If the creditor fails to comply (a) he is not entitled, while the default continues, to enforce the agreement. Defendant agrees that 1st stop payday loans ltd agreed to lend £225 on 7th June 2013. Defendant disputes the amount claimed, it is contended that only one months interest is due, any claim to further interest is denied. Defendant denies the claimants claim that no attempts to resolve the matter have been made, numerous letters have been ignored by the claimant including a CCA request as mentioned above. Thats what I have so far, thanks

HI ALL, Recently received a letter from MMF titled Formal Notice of Assignment. This is in respect of a Wageday Advance loan. However it states in the letter that Mackenzie Hall Debt Purchase has assigned the legal and beneficial rights, title and interest to MMF. Im not sure how this can be correct I have never received notification from the original creditor that they sold to Mackenzie Hall, neither have i ever heard from Mackenzie Hall. On that Basis how can MMF have purchased it. Is this a correct notice of assignment or just MMF trying it on?

Thanks Andy, going to do some reading this evening but I have no idea as yet how to formulate or write my defence

Hi all I have to submit a defence soon against this claim, so far my defence will rest around the amount claimed being incorrect. However they are still in default of a CCA request, should this form part of my defence.

Thanks Andy

Hi all Can someone please confirm when I need to submit my defence by. Issue date was the 30th January and I acknowledged service on the 5th February. Thanks

Hi All, Can anyone offer any assistance please, I have acknowledged service on the 5th February but not sure where to start reference a defence. Thank you

Hi All, I have tonight completed the Acknowledgement Of Service online and indicated I intend to defend all of this claim. Based on the fact the amount claimed is wrong. Any further advice on how to proceed now gratefully received thanks

Yes the letter from this site with a £1 postal order. I'm not sure what you mean adapt it to see if you can show how the figure is made up? If a CCA request isn't complied with does that not forbid a creditor from adding interest and charges etc.

Hi all and thanks for the replies and help so far, in answer to your questions I'll post a brief timeline below. £225 borrowed June 2013, repayment due 30 days later, couldn't make the payment, letters wrote explaining my situation and asking for a repayment plan and help. Letters ignored. 30th July 2013, received a letter saying I was ignoring them and that interest and late fees had been applied. I again write asking for a payment plan letters ignored. 29th August I receive a default notice, again with more interest added etc Again I write and no response On the 11th September after I realise I no longer have a copy of the agreement I send a CCA request. I wanted the agreement to check what was actually outstanding and what they could and couldn't charge me. They did not respond and still haven't, the CCA request was sent Royal Mail Signed For, I have proof of posting and proof of signature at delivery. As they did not respond I sent an account in dispute letter and have since ignored the constant telephone calls, texts, emails etc. On the 25th January this year I received a final offer before issue letter dated 22nd January giving me 7 days to pay £584.39. I write back on the 27th advising account in dispute and on the 30th January they issue the claim I have copies of all letters sent but only proof of posting for the CCA request. I'm not sure how to proceed? I'm not sure if I can pay in full as I don't know how much I'm exactly liable for as I don't have the agreement,

Hi all to follow on from the above, Particulars of claim read: 1st stop payday loans ltd agreed to lend the defendant 225.00 on 7th June 2013. The defendant agreed to pay the short term loan back after 30 days. The defendant has failed to meet repayment of the loan despite many attempts to resolve this. The amount claimed is £659.39 + £60 court fee I have written to them numerous times and there is currently a CCA request outstanding.

Hi all I've been struggling financially for nearly two years, in desperation to pay a bill I took out a payday loan with 1st Stop back in June last year. My wife then had her hours cut and I couldn't pay it back. I tried to contact them in writing to offer a repayment plan, all I got back was threatening letters and demands for increased payments, charges added and more interest applied. To check if the amounts they were saying was outstanding I sent off for a copy of my agreement and a statement of account, this never arrived and still hasn't. My requests were ignored and the threatening emails and texts continued. I finally out of frustration called them last week to advise I had requested this information and that the amount they stated was outstanding was in dispute, I also again put this in writing and posted it in the 27th January this year. Today I received a court claim form issued on the 30th January, I don't deny I owe some of the money but not sure what I should do. Any advice or help gratefully received.

Thanks for the links will make a complaint as I've told them not to contact me at work.

Not bothered about the visit threat it's the calls to work that are the issue. There not coming to me there being answered by reception and there asking questions.

Reading others posts on here it seems like they don't care. Apparently there also coming to assess my standard of living. Is it safe to ignore them until they send what I've asked for? Or is there something else I should be doing?

Hi All Motormile have recently purchased a payday loan debt in my name. They started hounding me with calls, emails, and text messages. They also send recorded messages to me at work. I wrote to them asking for a notice of assignment, I also informed them that I was still waiting for a statement of account and a copy of the agreement, which was requested from the previous creditor. I also told them not to contact me at work. I now have the notice of assignment but no statement of account or the agreement. I continue to get calls and texts, there still sending recorded messages to my work number which are answered by our reception staff, causing embarrassment. I've wrote to them several times, sent signed for but they ignore me and call anyway. How can I get them to play fair? I'm happy to pay what I owe but need the calls to work to stop and I need the statement of account and copy of the agreement. Thanks

Hi All,Just a quick question is there a requirement on a creditor to issue a default notice before selling or assigning a debt to a debt collector?